Senate Set To Change Constitution

The Senate is back, apparently with renewed vigour to confront the myriads of the nation’s problems that had piled up while they were away. But they all agreed that the amendment of the 1999 constitution would top their priority. UCHENNA AWOM writes on the roadmap and senators’ efforts to return to business.

The senate at last may have decided to settle down for real legislative business. Before now, they seem to have found home in frequent holidaying, but last Tuesday they resumed to face a bleak and uncertain political environment. They know it and of course they made effort to curry the public favour in a well couched speech marking the opening of plenary.

Senate Majority Leader Victor Ndoma-Egba described the speech delivered by President of Senate, Senator David Mark, as a significant shift from other speeches of its kind and one, which presents a clear roadmap of a rejuvenated senate which is set to right the inherent wrongs noticed in the 1999 constitution.

But beyond that facade is an indication of a sense of urgency that betrays the lawmaker’s realisation of an apparent public dejection over their prolonged absence from the political environment on a long recess while the country was literarily on fire. So, as the first measure of mitigation, the lawmakers found it most expedient to roll out a legislative agenda that encapsulates the public view, which confirms the defectiveness in the operating grund-norm, but at what cost?

Fresh from the six-weeks holidays, their second since their inauguration last June 6, the lawmakers through Senator Mark listed a holistic review of the 1999 Constitution and the amendment of the 2010 Electoral Act, as topmost in their agenda in the 7th session.

Welcoming senators, Mark declared that constitution amendment remains one of the top priorities of the 7th Senate. “Distinguished colleagues, let me note that constitution amendment remains one of the top priorities of the 7th Senate. Our success in the electoral reforms is now obvious and has been widely acknowledged after the 2011 general election. I congratulate members of the 6th National Assembly, once again, for breaking the jinx of constitution amendment in Nigeria. The onus is therefore on us to build on this success. We shall endeavour to produce a workable constitution that will stand the test of time”, he said.

According to him the senate would revisit the fundamental issues of State creation, local government system, devolution of powers, revenue allocation, State Police, State Independent National Electoral Commission, uniform minimum wage, joint account and other contentious but important issues.

“Nigerians expect us to revisit some fundamental issues such as State creation, the Local Government system, devolution of powers, revenue allocation, State Police, State INEC, uniform minimum wage, joint account and other contentious but important issues”, he stated.

The speech may ordinarily strike the right cord, but did it connect with the general expectations? Already observers opined that the Senators and indeed, the National Assembly merely rolled out populist agenda that would position them to embark on another circus show that will yet again gulp billions of tax payers money, though there is general consensus that the constitution being a military creation is overdue for review. The scepticism stems from the piecemeal approach and the long period of time it took the last session to carry out the last exercise, which centres mostly on electoral reform.

Apparently, recognising such mass scepticism of their sincerity in the planned effort, Mark posted hypothetical questions to his colleagues on the desirability of kick-starting a new and holistic review process, which suggested a veil anticipatory response to any public query.

His questions expectedly received affirmative responsive, which translates to a unanimous acquiescence for a total constitutional review to complete the process that was achieved in that last session.

Such questions as; “Should we allow State Police? Will it enhance policing duties and reduce criminality in the country?

“Is the current revenue formula equitable? Will a change in favour of the States enhance the deliverables to the people?

“Should power distribution be on the Exclusive Legislative List? Shouldn’t States that invest in power generation be allowed to distribute?

“Is it necessary to create new States? Will it bring government nearer to the people and address cries of marginalisation?

“How effective are the local governments? Should they be made to function independently of the States?

“Is the Joint State/Local Governments account still necessary?

Mark’s posers received a thunderous acclamation from the Senators. “We will not run away from any of these issues. I therefore expect that in this session, we will not only deal with them, but also with other issues that will guarantee good governance, peace, justice, and development in our country”, he assured.

It could be recalled that the cost of the last exercise was put at about N1billion. But they were somewhat hailed for crossing the threshold after so many years of trying to amend the military bequeathed constitution that became operative in 1999. The cost was only to effect review of all aspects of the constitution that dealt with the electoral process in its entirety, though the senators received avalanche of memoranda and requests from state creation agitators. Therefore, if the cost of the previous effort is considered, it there means that the current effort would gulp enormous amount.

Already, the Senate and even the House of Representatives on Wednesday set-up the review committee to be headed by the Deputy President of the Senate, Ike Ekweremadu and his House counterpart, Emeka Ihedioha.

The Review Committee

Expectedly, the Senate review panel is headed by the Deputy Senate President, Senator Ike Ekweremadu.
The list comprises one senator from each of the 36 states of the federation and the Federal Capital territory (FCT), a representative from each of the six geo political zones of the country and three others representing what was described as special interests. Curiously all the female senators were included.

The committee would as directed focus on the arreas as enunciated in the roadmap, which includes; state creation, the local government system, devolution of powers, revenue allocation, state Police, state INEC, uniform minimum wage, joint account and other contentious but important issues for review in the fresh process.
Members of the committees are Senators Uche Chukwumerije, Bello Mohammed Tukur, Chris Ngige, Ita Enang, Abdul Ningi, Heineken Lokpobiri, Barnabas Gemade, Ahmed Zannah, Victor Ndoma Egba (SAN), James Manager, Christopher Nwankwo, Odion Ugbesia, Anthony Adeniyi, Ayogu Eze, Joshua Lidani, Chris Anyanwu, Abdulaziz Usman, Datti Baba-Ahmed, Bello Gwarzo, Abu Ibrahim, Abubakar Atiku Bagudu, Smart Adeyemi, Mohammed Shaaba Lafiagi, Ganiyu Solomon, Suleiman Adokwe, Dahiru Awaisu Kuta and Adegbenga Kaka.The rest are Senators Boluwaji Kunlere, Sola Adeyeye, Olufemi Lanlehin, Joshua Dariye, Magnus Abe, Umaru Dahiru, Abubakar Tutare Umar, Alkali Jajere, Ahmed Sani, Philip Aduda, Nkechi Nwaogu, Helen Esuene, Nenadi Usman, Oluremi Tinubu, Zaynab Kure, Aisha Al-hassan, George Akume, Ayoola Agboola and Mohammed Saleh.

On the electoral act, the Senate President hinted that the current electoral Act will most likely be reviewed now that the primaries and elections are over and the tribunals are addressing the outcome of the election in accordance with the Electoral Act 2010.

“Furthermore, in the course of pursuing our legislative agenda, we will most likely review the Electoral Act, 2010. Now that primaries and elections are over and the tribunals are addressing the aftermaths of the election in accordance with the Electoral Act, we should be able to draw from the lessons learnt and further amend the Act accordingly.

“Thus, while the 2010 Act laid the foundation for possibly the best election in our democratic history, like any other human products, it is still not perfect. In our quest to continue to improve our electoral processes, we will work with the Independent National Electoral Commission, political parties, and other stakeholders to revisit the 2010 Electoral Act to address the issues arising from its operation ahead of the forthcoming gubernatorial elections in some states and the 2015 general election”, he further said. Again, observers believe that whatever is done on the 2010 electoral act will still not insulate it from further amendment. They therefore opined that the lawmakers must be circumspect this time, to ensure an electoral legislation that will last the text of time.

It could be recalled that the last effort was mired in controversy when both chambers; Senate and House of Representatives engaged in an unnecessary spar, over who among the chambers would lead the review panel. As a result not many gave them chance to succeed in altering the document, but they did to the admiration of some Nigerians. So the senate may have set in motion a process that could engage the public, in particular the civil society group and the political class in witty debate on their seriousness to tinker with the entire constitution.
But fears abound of a possible, deadlock in most of the items listed by the President of the Senate based on ethnic or tribal interest.

Such thing had happened during all the several effort to review the now contentious Revenue Allocation formula. It was also a ding dong affair when the state governors mounted opposition against the amendment of the constitution that would abolish the state-local government joint account. If such was the case then, will it be any different now? These may be the dark side of the renewed vigour.

Perhaps, the single issue of amendment that would attract much public attention is the issue of state creation. It is believed that the lawmakers would find it very difficult to reach a consensus on the number of states to be created and which and which will be created for the first time since the civilian dispensation.

Security Challenges
However, the senators were not all about their agenda, they also bemoaned the incessant bombing incidents in the country that claimed many casualties.

On the serial bombings by the Islamic fundamentalists group; Boko Haram, Mark who also led senators to observe a minute silence for the repose of the soul of the dead, regretted that ‘forces of darkness, agents of insecurity and destabilization could engage in such dastardly act of wasting innocent lives.

“Distinguished colleagues, in the past few months, our dear nation has come under grievous attacks by forces of darkness and agents of insecurity and destabilization. Innocent lives have been mindlessly wasted and properties wantonly destroyed through bomb explosions and related acts of violence.

Emotions have been ruptured, rivers of tears ripped open, and the land needlessly drenched with the blood of hapless innocent citizens. Indeed, what we have witnessed is gravely discordant with our cultural and religious values of the sanctity of life and our age long tradition of being our brothers’ keeper. I have no doubt therefore that you share my view that this is most deplorable and totally unacceptable. We must address the issue of insecurity squarely, head on once and for all”, he stated.

Meanwhile, the Senate Majority Leader, Senator Victor Ndoma-Egba who briefed reporters after the plenary, announced that the senate would go behind close door to discuss the security situation since they cannot discuss security matters in the plenary.

POSTCRIP

Well, to give effect to the plan, the Senate constituted its standing committees on Thursday more than three months after it was inaugurated. Upper chamber announced 56 standing committees with the creation of additional two committees; Millennium Development Goal (MDG) and Special Duties.

Out of the 56, the opposition parties have 11 coomittee chairmanship slots. Action Congress of Nigeria (ACN) has three, Congress for Progressive Change (CPC) has one, All Nigeria Peoples Party ( ANPP) nicked four, All Progressive Grand Alliance (APGA)has one while Labour Party (LP) two Senate David Mark, who announced names of the chairmen, said the exercise would strengthen its oversight function and directed them to be steadfast in the performance of their legislative duties.

Statutorily, the Senate President announced himself as chairman of the Selection Committee and his deputy, Ike Ekweremadu, as vice-chairman. The selection committee is made up of members of the senate leadership both the opposition.

Senator Suleiman Adokwe (PDP Nasarawa) emerged Chairman, senate services committee, responsible for procurement and management of senate infrastructure and other welfare services,
Senator Ita Enang (PDP Akwa Ibom) Chairman,Senate Rules and Business committee. He handled similar committee in the House of Representatives Senator Enyinnaya Abaribe (PDP, Abia) is the new senate spokesman as Chairman of the Media, Information and Public Affairs.

He took over from former spokesman, Senator Ayogu Eze (PDP Enugu state) who was named chairman of the senate committee on works.

Senator Smart Adeyemi (PDP, Kogi) was named chairman of the senate committee on Federal Capital Territory (FCT), Senator Olusola Saraki (PDP Kwara state) ex governor of Kwara state, Chairman, Environment and Ecology committee. Senator Danjuma Goje (PDP Gombe state) former Gombe State governor was not as lucky as he was made Vice-chairman of the Petroleum Downstream committee. Observers believe that may not be unconnected with Goje’s subtle ambition to run for senate presidency.

Senator Magnus Ngei Abe (Rivers state), a first time senator is the Chairman of Petroleum Committee (Down Stream).

Others are SenatorNkechi Nwogu (PDP Abia state) , Chairman, Senate Committee on Gas, she chaired the banking committee in the last session, Andy Uba (PDP, Anambra State) , Chairman, Senate Committee on Independent National Electoral Commission (INEC), Senator Philip Aduda (PDP, FCT) Chairman, Committee on Power while Senator Emmanuel Paulker (PDP, Bayelsa) was named Chairman, Petroleum Committee ( upstream).

Also Senator James Manager (PDP, Delta state) emerged as Chairman, Committee on Niger Delta, George Thompson Sekibo (PDP, River state) Chairman, Committee on Defence (Army), and Senator Gilbert Nnaji (PDP, Enugu state) Chairman, Committee on Communications.

Uche Chukwumerije (PDP Abia) will continue to Chair the committee on Education while Gyang Daylop Dantong is the new Chairman, Committee on Health,
Senator Ahmed Maccido (PDP Sokoto state) is the new Chairman, Appropriation Committee, he was the vice chairman in the last session, Ayo Ademola Adeseun (ACN, Oyo) is the new Chairman, Senate Committee on Banking, Insurance and other financial Institution. He headed Appropriation committee in the House of Representatives in the last session.

Other Chairmen are; Aviation,Hope Uzodinwa, Capital Market, Abdu Yando, Trade and Investment, Odion Ugbesia, Communication, Gilbert Nnaji, Co-opeartion and Integration in Africa and NEPAD, Simeon Ajibola, Culture and Tourism, Hassan Barata, Drugs , Nacrotic and Financial Crimes, , Sen. Victor Lar, Employment, Labour and Productivity, Sen. Wilson Ake, Federal Character and Inter-governmental Affairs, Dahiru Kuta, Gas, Chairman, Sen. Nkechi Nwaogu, Housing, Sen. Bukkar Abba Ibrahim, Industries, Sen. Esther Nenadi Usman, INEC, chairman, Interior, Sen. Atiku Bagudu, Inter-Parliamentary Affairs, Sen. Abdulaziz Usman, Land Transport, Chairman, Sen. Sahabi Alhaji Ya’u, Local and Foregin Debt, Ehigie Uzamere, Marine Transport, Sen. Zainab Kure, National Identity and National Population, Maina Ma’aji Lawan, and Navy, Sen. Chris Anyawu.

The question on the lips of Nigerians is why is the senate tinkering with the constitution in piecemeal? The general feeling is that the upper legislative House should have done every amendment in the sixth assembly. This according to them would have saved cost since the review is capital intensive. Only constitution amendment in the last National Assembly gulped N1billion. Only God knows what the imminent amendment would cost tax payers.